Patna High CourtCR. MISC./66306/2025bail granted

Ashok Paswan v. The State Of Bihar

2025-09-24Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66306 of 2025 Arising Out of PS. Case No.-23 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ashok Paswan S/o Late Ramchandra Paswan R/o Village - Jitwarpur, P.SMufassil, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Aprajita Singh, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Samastipur (Muffasil) P.S. Case No. 23 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received information about a person transporting foreign liquor on his motorcycle. The said motorcycle was signaled to stop but the person sitting on the motorcycle fled away and from the sack and bag tied on the seat of the motorcycle, recovery of 24.75 litres of foreign liquor was made. The assembled villagers

Patna High Court CR. MISC. No.66306 of 2025(2) dt.24-09-2025 2/3 disclosed the name of the petitioner, who fled away leaving behind his motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner is not the owner of the seized motorcycle. The petitioner is having clean antecedent and he is in custody since 11.07.2025.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge I, Samastipur/concerned Court in connection with Samastipur (Muffasil) P.S. Case No. 23 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.66306 of 2025(2) dt.24-09-2025 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T